1996-49
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Cite as N.Y. Op. Att'y Gen. No. 1996-49
AGRICULTURE AND MARKETS LAW § 300; MUNICIPAL HOME RULE LAW § 10;
REAL PROPERTY LAW §§ 290, et seq., 333-c.
The town is not authorized to adopt a law requiring the
addition of specific language to any deed to be recorded in the
Washington County Clerk's Office.
December 31, 1996
Michael S. Martin, Esq.
Informal Opinion
Town Attorney
No. 96-49
Town of Whitehall
P. O. Box 60
Whitehall, NY 12887
Dear Mr. Martin:
You have asked whether the Town of Whitehall may adopt an
ordinance to implement its "right to farm" law that would require
specific language to be added to any deed conveying real property
located in the town. The language would state the public policy
to protect the occupation of farming.
Recording requirements for conveyances of real property are
set forth in Real Property Law §§ 290, et seq. Those provisions
govern which documents must be recorded, how they must be
certified or acknowledged, and, in some cases, what additional
documents must be presented for recording. Real Property Law
§ 333-c provides that prior to the sale, purchase or exchange of
real property located wholly or partly within an agricultural
district, as defined in the Agriculture and Markets Law, the
prospective grantor is to deliver to the prospective grantee a
notice regarding the farm activities that occur within the
district and stating that the State and community policy is to
protect and encourage the development of agricultural land. This
gives prospective purchasers notice that farming activities that
cause noise, dust and odors may accompany the purchase of
property in such districts and advances the State policy to
conserve, protect and encourage the development of agricultural
land for the production of food and other products and as
ecological resources. See, Agriculture and Markets Law § 300;
Real Property Law § 333-c.
The incorporation of "right to farm" language in the deed is
not authorized by the above provisions. Nor, in our view, can
the addition of such language be required by local law. Local
governments are authorized to enact and amend local laws that are
2
consistent with the Constitution and general State laws regarding
subjects enumerated in Municipal Home Rule Law § 10. In a prior
opinion, we concluded that a local law dealing with real property
recording requirements "does not appear to be within the scope of
home rule authority of a local government". Op Atty Gen (Inf)
No. 92-55. See also, 1960 Op Atty Gen (Inf) 115 (Real Property
Law provisions governing conveyancing and recording relate to
matters of State concern which are not subject to regulation by
local law). Therefore, the modification of deed requirements is
not authorized by State or local law.
We conclude that the town is not authorized to adopt a law
requiring the addition of specific language to any deed recorded
in the Washington County Clerk's Office.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
SIOBHAN S. CRARY
Assistant Attorney General